
Oregon maintains a set of child support guidelines meant to ensure children
of divorced or separated parents each contribute to the financial welfare
of their child. The state believes that each parent should share in the
cost of raising and providing for their child, and child support agreements
are typically set to follow these state-wide guidelines. However, there
are certain circumstances where parents may deviate from these set rules
because, for their situation, it would be better for the child if they
committed to different rules.
In Oregon, child support is determined according to the rules set in
Oregon Administrative Rules 137-050-0710. These guidelines determine that child support shall be decided based on:
- Each parent’s income
- Each parent’s mandatory union due
- Whether either parent has any non-joint children
- The costs of child care
- How much time the child spends with each parent
- The out-of-pocket health insurance costs for the child and the providing parent
- Collection of Social Security or veteran’s benefits
The state court will always do what it deems is best for the child. Evaluating
the above factors is often the most straightforward way to determine how
to financially support the child. According to the guidelines, the parent
who primarily cares for the child, or the one whom the child spends more
over-night time with, will typically be paid support by the less involved
parent. The number of overnights each parent shares with the child plays
a significant factor in determining the required financial distribution.
However, there may be special circumstances where parents may deviate from
the rules.
Financial Hardship
If one parent is experiencing financial hardships, it is possible to have
their support payments reduced or temporarily halted. Examples of financial
hardship must be evident and serious, such as a medical emergency, or
extreme travel costs in cases where the parent lives far away from the child.
Changing Needs of the Child
If the child’s needs have changed it is also possible the parents
can deviate from the guidelines. A special needs child may require additional
attention and care, often financially. In some circumstances, it is possible
one parent may need to care for the child full-time and be unable to work.
Or, the financial need of the child may have significantly decreased for
some other reason, which may justify a decrease in payments.
Other reasons for exceptions include, but are not limited to:
- Evidence of other resources or expenses
- A financial advantage from a spouse or partner
- Unemployment
- The child attending school elsewhere and therefore no longer living in
either parent’s home
- Certain tax advantages or setbacks
If you are seeking a modification to child support or think you may have
good reason to qualify for a deviation from Oregon’s set guidelines,
reach out to our attorneys. At McKinley Irvin, we are highly experienced
in working with parents and families who seek to negotiate fair child
support agreements. We can help you understand the child support laws
in Oregon and determine legal solutions for your situation.
Contact McKinley Irvin
family lawyers in Oregon to discuss your child support agreements and possible
deviation from state guidelines.